Evidence of a victim's post-sentencing forgiveness is admissible on appeal under R v Eliasen principles and may warrant re-sentencing even where the sentencing judge's discretion did not miscarry. However, such evidence is not automatically determinative — considerations of deterrence and denunciation may limit its weight. The victim's attitude carries particular weight in negligence offences (as opposed to mens rea offences) because the measure of punishment for such offences is heavily dependent on the consequences for the victim.
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